A significant ruling by the Italian Supreme Court (Judgment No. 28672) has redefined how air passengers can claim compensation for lost luggage, dramatically simplifying the burden of proof and strengthening consumer protection across Italy.
The ruling establishes a clear principle: passengers are no longer required to provide exhaustive documentary evidence, such as receipts or purchase invoices, to prove the specific value of every item contained in their lost baggage.
The end of the “unreasonable” receipt requirement
Prior to this decision, a passenger seeking compensation had to meticulously document the value of the suitcase’s contents, a condition often impossible to meet given that travelers rarely keep receipts for all packed personal items. The Supreme Court declared this requirement “unreasonable,” acknowledging that it effectively denied the right to compensation to the vast majority of affected travelers.
This landmark interpretation fundamentally shifts the procedure: once the loss of the luggage and the carrier’s liability are established—a fact reaffirmed by the Court under the principle that the airline is responsible for goods entrusted to it until delivery—the passenger is automatically entitled to compensation.
Equitable assessment: how damages are now quantified
Instead of relying on itemized receipts, the judgment dictates that the judge must proceed with an equitable assessment of the damage. This compensation is based on criteria of common sense and everyday experience, taking into account several key factors:
- The duration of the trip.
- The destination of the journey.
- The general purpose of the stay and the typical needs of a traveler.
This method allows for a fair assessment of loss, recognizing that a lost suitcase typically contains clothing, personal care products, and accessories proportionate to the length and nature of the trip. The determined compensation will be awarded within the liability limits set by the Montreal Convention, which currently cap the carrier’s liability at approximately €1,350 per passenger.
Practical steps: what to do if your luggage is lost
Despite the simplification of the evidence required for compensation, travelers must still follow crucial initial steps to protect their claim:
- Immediate reporting: report the loss immediately at the airline’s desk at the airport.
- The PIR form: ensure you complete the PIR (Property Irregularity Report) form. This document serves as the official, essential proof of loss and liability.
- Retain documentation: Keep all documents related to the flight and baggage, including boarding passes, baggage tags, and a copy of the completed PIR.
If the airline denies the claim following these steps, the passenger can proceed to legal action. The judge will apply the new principle to determine equitable compensation based on the criteria outlined by the Supreme Court.
This ruling marks a major victory for consumers, reducing bureaucratic obstacles and ensuring that the fundamental right to compensation for lost luggage is easily accessible to all air passengers traveling to or from Italy
